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The Kentucky Resolutions of 1798 argued that each individual state has the power to declare that federal laws are unconstitutional and void. The Kentucky Resolution of 1799 added that when the states determine that a law is unconstitutional, nullification by the states is the proper remedy.
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The cover of a book containing the Virginia and Kentucky Resolutions along with the Report of 1800 and other supporting documents. This edition was produced by editor Jonathan Elliot in 1832 at the height of the nullification crisis. These documents formed the philosophical foundation for the nullification movement.
The resolutions that the committee brought to the floor on November 10 became known as the Kentucky Resolutions. [77] The first seven were exactly as Jefferson had written them, but Breckinridge modified the last two, eliminating Jefferson's suggestion of nullifying the unpopular acts. [78]
The term derives from the Virginia and Kentucky Resolutions written in 1798 by James Madison and Thomas Jefferson, respectively.They led a vocal segment of the Founding Fathers that believed that if the federal government, if it is the exclusive judge of its limitations under the US Constitution, would eventually overcome those limits and become more and more powerful and authoritarian.
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In 1798, the Kentucky and Virginia legislatures passed a series of resolutions asserting that the states have the power to determine whether acts of Congress are constitutional. In response, ten states passed their own resolutions disapproving the Kentucky and Virginia Resolutions. [48]
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